Opinion
EFCC And The Anti-Graft War
The Economic and Financial Crimes Commission (EFCC) was established by the former President, Chief Olusegun Obasanjo in 2006, with the responsibility to fight corruption issues in Nigeria as an institution of government. The idea behind the establishment of the corruption was to fashion a way to deal with the menace caused by the annoying and shameful institutional and official corruption that was weighing the country down in many ramifications.
Besides, the commission’s emergence was seen by most Nigerians as the best way to tackle the damaging problems caused by the advance fee fraud (419) quagmire and the money laundering and looting of public treasury by government officials as well as other forms of corrupt practices related to financial crimes and economic sabotage. It was also meant to tackle the worrisome problems of over-inflated government contracts, diversion of monies meant for the execution of contracts funded through taxpayers’ resources, and recovery of monies budgeted and released to fund abandoned government contracts.
When Obasanjo set up the EFCC, many Nigerians applauded the wisdom in the president’s decision to fight official corruption that had eaten deep into the very fabric of the country’s socio-cultural and economic systems. What excited most Nigerians with the Federal Government’s strategy was the fact that financial crimes in both public and private sectors had dragged the Nigerian state into the mud, causing the nation serious embarrassment and image problems locally and abroad.
In fact, before then, Nigeria’s rating on Transparency International (TI) corruption index was so pitiable and shameful that virtually every Nigerian was despised at global business, political and professional fora. Nigeria’s bilateral relations with so many world economies or nations began to wean, and foreign direct investments also continued to fizzle out, drying the economy, and creating a stifling condition for law-abiding citizens. Thus, the birth of the EFCC was received with a sigh of relief.
The responsibilities given EFCC by the then president were onerous. It was tasked to eliminate corruption in the nation’s economic and political systems. The commission was mandated to go into the very roots of corruption, uproot it, and deal with the forces promoting the scourge in the country. It was empowered to arrest, investigate and prosecute those Nigerians or foreigners living in the country found wanting in any case(s) of corruption. EFCC was mandated to spare no person, no matter how highly placed, as nobody was above the laws of the land.
Therefore, when the commission started its mission with Nuhu Ribadu as chairman, many Nigerians commended the leadership for ‘holistically’ fighting corruption in the country. Even such countries as the United States, United Kingdom, France and Germany lauded the dexterity and commitment of the Ribadu-led EFCC to fight corruption in Nigeria, and indeed, honoured the commission’s efforts with awards. Although a few were not satisfied with the way and manner it carried on with its operations, many were quite impressed with the activities of the anti-graft agency.
But today, many Nigerians are not satisfied with the result posted so far by the present leadership of the commission. Although the agency is trying to address the question of corruption frontally, it still faces enormous challenges. And these challenges border on a couple of legal and political factors.
For instance, some powerful politicians being investigated and some arrested had moved faster than the agency by using lawyers to procure injunctions stopping or barring EFCC from further prosecuting and jailing them for corruption. Some of these include former governors, senators, among others. Even some ‘419’ and other fraudsters have not been convicted because their lawyers had secured court injunctions restraining the commission from trying them for corruption.
Another aspect of this problem is the confusion being created by the office of the attorney-general of the federation. Over the last couple of years, that office has had to stall several corruption cases being handled by the EFCC, alleging that the commission had no locus standi to prosecute such persons, who had been investigated and presumed wanting in corruptly enriching him or herself. This conflict over responsibilities has, in no small measure, worked against the fight to curb corruption in the society.
Despite all these, most Nigerians still believe that the EFCC has enough powers to fight corruption to a stand-still. Even some members of the National Assembly said so recently when the Chairman of the commission, Mrs Farida Waziri appeared before the honourable members recently.
But if it is true that the EFCC Act has enough provisions to prosecute any corrupt official, why is it that the commission has not been able to apprehend and prosecute some accused public and private office holders alleged to have amassed wealth at the expense of the public? Why is it that some ex-governors, ministers, ex-bank executives, ex-government-owned company board chieftains, chief executive officers and so on have not been arrested and prosecuted till date? Why is it that no public office holder found guilty of corruption has been sentenced for a long term in jail? Why is it that most of those who had stolen public funds still walk the streets as poor and innocent as you and I?
I think that for the war against corruption to be fought and won by the commission, all Nigerians need to support its efforts. Government must muster the political will to encourage and assist EFCC leadership to do its work better by strengthening and empowering the anti-graft agency. The law enforcement agencies must synergise to collective fight and cripple the menace of corruption in Nigeria. Businessmen and women, company chiefs, government officials must respect the law by following due process in everything they do.
Of course, financial crimes had almost forced the nation to its kneel. Having come this far, it is necessary to appeal to all Nigerians to rise to the occasion by throwing their weight behind the present leadership of the EFCC. It is high time we, as individuals and as Nigerians, stopped pretending that things would get better soon. Nothing would get better except we collectively weigh in by avoiding those things that lure us into corrupt practices. We must show leadership because we are all leaders.
Methinks officials of government at all levels should stop diverting attention to the real issue of corruption, and join hands with the commission to confront the hydra headed burden for the future of all. I think the statements coming from the office of the attorney-general over who is actually responsible in the prosecution of corrupt persons is unnecessary, and needs to be guided forthwith.
In advanced countries such as the United States, and United Kingdom, the Federal Bureau of Investigations (FBI), Central Intelligence Agency (CIA), Department of Homeland Security, and the Office of the US Attorney-General, cannot disagree over whose purview it is to investigate and prosecute economic crimes and related offences. The same goes for the Scotland Yard or UK Police Department and the office of the Secretary of Police Affairs.
Therefore, it is not in the interest of the country that both the EFCC and the office of the attorney-general should be fighting over who has the legal right to prosecute corrupt officials or cases. This, no doubt, helps to weaken the powers of the EFCC and the fight against corruption.
What Nigerians expect the President Goodluck Jonathan administration to do is to leave a remarkable footprint in the fight against corruption. To achieve this, the commission must be given the free hands to do its work. Neither the executive, the legislative, nor the judiciary should slow down the work of the commission through unnecessary legal interpretations or excessive arrogation of powers to themselves.
Nigerians know that corruption is everywhere in the land. Fraud is eating the nation dry. Unnecessary inflation of contracts is still the norm in most local, state, federal government bureaucracies. Politicians are enriching themselves silly with public money that should have been pumped into genuine development projects.
If Jonathan must succeed in his transformation agenda, then all Nigerians have one duty to perform: Support EFCC to win the war against corruption in Nigeria. It is our responsibility as citizens!
Ogwuonuonu, a public affairs analyst, writes from Port Harcourt.
Frank Ogwuonuonu
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